The Sun. — London, England, 1826-05-24 00:00:00

• THE .LONDON,JOURI4ALS. . . DAILY EXTRACTS FROM THE MORN / 114 ' G PAPERS, mAy :24, 1826. [THE TIMZL.] We Observed on Monday last, with .regard to. the Court of . Chancery, that the examination of the wit nesats by 'the Commission"were indUstriously—and, it may be' said, disproportionately—directed to those pre limmary:stages of a Chancery • suit, at which: it..-was still unripe to be brought before the Judge for ahem ., tog. And this course of inquiry was.- a natural con sequence of the persuasion under which= the Commis . stoners appear to have acted..—that their duty bound 'them no investigate the system- only, 'but to steer clear of such questions as might have led to the' criinination of certain individuals. Iris Manifest, indeed,. that there are predominant thronrliout the " system" ,an immense number of vines trA absurdities, tor which, so long as they - continue to be .tolerated, no sufficient corrective 'could' , be found in the mind .of the most energetic and indefatigable Judge that ever - spat in England. On behalf of Lord Eldon, and for the sake of truth, it behoves us to make this conceiSion It is also necessary to add, that, among the evils of the " thing," for- which the " person is no . further' answerable - than that he has permitted the, evil to - endure for . so'long a period. that which stands most 'proininent and offensive is 'the wonderful diver sity of ditties undertaken by the Chancellor. He is; an equity Judge, hearing' bills,. petitions, ',motions, &c. &c. ; a Judge of appeal from inferior equity juris . dictions-; a presiding Judge in the House of Lords, to hear appeals against Ins own decisions, whether those decisions have been made in original causes, or ' m 'appeals - from • other Courts ;, a sovereign lord : and ruler-over the , world of -bankruptcies—in administer= ing which nearlyhalf his,Lordship's time is expended; altertiq'te Speaker,.- with' Lbrd Gifford, .of the I hinge • of Peers ; and, withal, a Cabinet Minister, a:144- - tician . by virtue of his oilier!. How is. it possible for :any man 'living to get through the business " entailed' upon him by the above catalogue of politi cal and , judicial places, is quite .beyond our com prehension. That . he 'does ,any thing more than trot about from one 'to another, is really the surprising parr of , it ; but as • for a full and. effectual execution; ui all its branches, of a task. so'. various, we ,may pronounce it to be, for the .most •powerf4man that . ever breathed, in the actual state - at least of English litigation,: what it' has proved to 'be for the present Chancellor---a thing quite - chimerical and hopeless,— Aceordingly, it - turns out, • though but incidentally,. ..frotir the printed evidence; that after all other people employed by the suitors as well as b.y.the Court; after the attornies and' counsel, and such public function : . • arieS as they resort to for assistance,. have ..respectively fulfilled their duties, and brought the subject r matter in dispute to that point from which it can.advaneeno further without being heard.by the :Chancellor ; 'there it, sticks, fast in seouta recuiorum, without the Noble Lord being so far enabled to -Withdraw knself frem his multiplied distractiOns, to" overcosne • , the accumulated messt of flearings which •- ate previous. , ly' waiting' attention; as •to bettow - upon ii the 'slightest notice.' Mr. • Vizard-: reckons .(page ,of tlie-Evidence) . .that an appeal- from 7 the. Vice -C.1414 . • cellen'to Lord Eidnil, locks , UP a eause,...for, fiye yeara. before - the' Noble: Lora • call slicar _eon, after hearing, how long is it before the decree call be .obtained—that is to say, , how long before; the Chancellor can be prevailed upon to declare his jtidg ment; after tliC niaterials ',for forming that judgment • have been fully laid before him ? Why, weekS; months---rutty; years in some , instances. Then the facts ate forgotten then the cause Inuit be re-heard ; then, after•heni&re.lneird, :is it at once decided ? Un . til there baa been a-second lapse: cif ' months. ,Snppose; • . novi,:that,litigents in courts of .law were treated m a way so ruinous to 'their fortunes and families-,sup" ; • pdse'd common law Judge was to ask for month, that he Might 'be qualified to lay an intricate case of mixed fact and law before jury suppose,, again, that:the : • jUry:so instructed, were to demand another month to. ' make up 'theiv minds upon .11. question- T .-even one, Month, and in a-ease -of the. most complex - and • difficult nature-e-what sort of feelings ,woidd be ex cited every where, hi relation to our, ,trial by; jury.? Let the subject . subraittetito,.a juryman .be ever, S 9 knotty, thorny, end ;embarrassing, •he is ,bound decide - upon it„: within a. few hours after , he hay. heard it. stated; So, let the 'common law.judges.heve ever s many uzshrsg considerations, to ~decide. upon, they contrive to form an ,'opiniow upon the ,rnost perplexing subjeetei :very '..sotua After counsel ; have argued them. Why then, and how is it, that such I).oMist , procrastinations dinnguisti e of a CharieeiT Mirtd•?. Mr. Biekerstet.a states with+ 'nut reserve' r thwatier- a . cause, la ripe for hearing, iond after fact been, heard, whatever delays arise—first; before ,the: Judge is ready to heanit ; before (having heard the cause) : he is ready • Le pronounce his decree with regard to it--the.court, - , *ad' ..the exourt blame. When we cab -served two , days ago.,upgni the Chencery 'Report, and' gave it as our opinion that the successive: appeals trona the Viee'-Cglilioillor - to the 'Chancellor, andi, ' from; the latter tothe',House,of Lordse might with a& t Vantage to the suitor ,o rid of,ve had notrntile s eat of Mr. B!zaciwttll, - vOlo, we haVe since found; • . • • • ,• • j . 414staon . itU bv the tkrq of : lus . expertenced udg. ! ' , olerit a :.the hint we had yenttired_ to thrOW tioelared'hy this reapeCtable . coUrieel, that it would. be 't'a the parties, if arthoice were allowed, ,of ski w iikg &OM . " the Vice-Chancellor, either to the '-kiouse.of Lords .st ,once, pr. "to ,the Chancellor, but if'the latter. were • to .be praerr . 44 that the ,appeal to hiln '4104'6 final. With zespeet to the separation of th'ibo, ll ;kitey ri sdietion - from the Court of Chancery, therfi scarcely any intetlieot, witness - whO dove not • admit its, expealieney .and,ion,;ortance. f Itxpitug r Thg Aues,tton a 4, ayolitixin of slavery; as; a cortzlition-Of, -exiSte)tceOvithin 4.0Yi1i'4(4 and Cliristiin sta t e , ift•not One , which eulbasiaases Englar4l alone at neeupilfs -thes thoughts of her d';ac+er:cli its in . the' Uhited .4itates of - -America still snare seriously. thsrvit Aloes hers-,-for there. the slavery is at, }wine, in, the midst of the constitution, in all its 4.-trpngtiiijOifillscd,ever the-attate.ltstlf,,not confined to, 1 714:i (11121 . 8.44104., , , Th e ifiennaly of a sla ve p ~ opu l a e xisting laud,* a nation svliose 'very detiaration saft.!9iiit ,with " Tiltit all ineri'are Created equalkqliet they are enclowedhy t h e , .and that nro lity,Tllo l Y, and ihe VrF4llt of 'hags ir this anomaly is sufficiently-strikuig, no right to reproach tile Arneticans, hovvever : Ala, very took root there under the guardihnship of the mother country, and the feeling of the people at large 'there ie,now as much decided against the existence - of slivery as it is here, :or ever' can beady where But how do these Republicans, to whose liberal poi lity we are on so many" occasions referred=how . do these liberty‘arid-equality philosophers act in relation to this matter? The answer s nOt far. to. seek. They. have'' been,' and doing 'infinitely .less for their slaVes than . the' West Indian Colonists have been doing for theirS: And why ? because the • Congress has not been'able to satisfy.the:minds "of the proprie tors in the Southern States that measures of hold -1 and effective kind can be resorted to without &Tiger to theirproperty—or to' prevail 'on the people of the Northern States, where - there are, comparatively speaking; 'no slaves,' to come 'forward anti ; offer to contribute . ' in a decent proportion to the expense of an experiment. The Northern States are mostly Puritan States : they continue from year to year expressing their horror of slavery, .petitioning and remorarating, preaching, lecturing; and publish ing—just like the African Institutions tlo with us ; but the moment the least hint is given as to compensatiow or contribution, the ca6tious :Jonathan draws himself up—not.one shilling of tax will he hear of for, any such purpose. • Nay more, while these Northern States cry out so .Vehemently against negro slavery, they, in their own territory, -under their own very noses, see and maintain all the ,prejudices of co lour in their utmost vigour. They will not even in their free schools allow the white children and the brown to. sit on the sante sitle of the robin' n' th ey will not even in their churches sillier the people of : ilie two complexions to .kneel at the same side of the eolll lll picin table. We have no black or broWn population here, so that' the sincerity our Buy...tons, &c. cannot be put to the test upon' these last matters ; but there is no such obstacle in the v:ray,aS to the article of corn- . pensation. There is: mi. reason why . the African institutions, &e. 'should' not at :this ; maraca be buying the freedom of meritorious negroes in Jarnatea. There is no reason''' . why they should not be getting up petitions, calling on Parlia ment to , offer, et least, a guarantee to the ,white peo; olJamaica that their property shall not be damaged. .1 power, the regular and organized power, to Which a certan Half-reli€Woos,' half-nolitical, party in this country have attaiznAl; is no . longer to be:contem.plitted with indifference ; least of all, now that we seelio!:7 easily they can reconcile it. to their super-retined con- . sciences to make 'cointnon cause upon occasion With men and parties Aoin; aeChrding. to their avowed feelings on. the. most important ot, all' subjects, they rintsvregard with suspicion; - hay, . needleas to mince matters now, With ,utter aversion. The' bribe wirich they ,haVe received,, is the silent but solemn pledge of hostility to. the Church. .Associations, ex fade, quite as unnatural, were rife 'in this country when la A a dead set was made at the Church of, land. It was then no rare thin , / to seethe Antino-*, • mum and the Atheist laying their heads together. We. may well ~pause, and ask what the signs of the times' point to, when we - see , the .author of Wi/berfOi•ne's Chrislianitll, (a work accordifig.to which Dr. Sarnuel _ Johnson Was not a ChTistian,) taking sweet..counscl with the 'Petitions') , Aiib* vieWs of 'Christianity have hitherto adorned the'pageS of the. Edinburgh Review. When the 'recent liberality' of :J`atriaica, in pro-Wit for the Ministers of the Church there, :was Mentioned in the late debate, .Mr. Brougham's answer , was--"" This is done,. not for the ,slaves, but for the hierarchy." Is time animus obseure? LA,Vvr LNTELLIGE.NCE. . : et Ot7RT 'OF CONIMON PLEAS. .. . 'erfterr v . . roverraa'atern JONES:. . . . . ; This veal an ,ect i on .of aesurupsit, brought .by an Attorney to .recover the turn of 2821. 7e. 7d. for the cost; incurred in de fending an indictment againet the Parish of Speldhurst, for not repairing a toad, celled theLoWer Road, at Tunbridge Web!: - At a meeting 'orthe pariehioners, held, pursuant to .public notice, on the. 27,th Aprtl, 1821,- it. Was agreed, that the indictment should. be defended, and a resolution was accordingly'. drawn up -to that' effect ;: and also, . that the Surveyees.ef •the Ilighways shotild. be directed to take the necessary etepe. Several of the parieltionere. signed these resolutions, among' . whom were the defentlente in this cause. The 'plaintiff at this time was Vestry Clerk of the Parish, and the' Surveyors' employed. ,hiM to defend• Use indict- Inent, Which be accordingly dui; and the prosecutors not baying el peered on tke trial, it verdict of acquittal was entered. , The plaintiff, aftermany' fruition applications to the Surveyors and otter persons, for payMent of hire bill, brought hie action against the present defendants, who were present at the Vestry Meeting above alluded to, - aria who, among others, signed the .relolotions. at 'that Meeting. The defendants pleaded " Nen . assumnsi t." . At the trial before Alexander (Chief Baron) at ,the lain Maid- stinlre Assists the Jury found a verdict for the plaintiff, deranges ':..292/. 7e. 7d. The Jury found alio that there was a releieer of plaintiff by the vestry resolutions just as Much! as if his name . had been Mentioned, but that the choice of the attorney was left to the surveyor's ; and' they also found that' the defendants he carne emirtieri to that retainer as -vestrymen, and not.in their in.. divitfual capacities. The Learned Judge .reservea the point for the Cubit above, by grunting to' the defendants leases to move for a norneulti ' - 141 r. Sergeant Ti.rner accordingly ohti'ned a rule to show 'Ueuere why the verdict elieultli 'not be get aside and,a, norestrit entered;' and' Mr."' florgeant Boriatteett.tr (witle. whom. ,erinl Mr.. Sergeant Wilma) now showed. cause, and contended that theAlefendiintee were liable ; he• submitted that the.plaintiff had been' retained lty 'dui trrder of 'vestry, and ; thae though his name was net' mentioned in the. vestry reaoletionr Yet it was tuft to the eterveynie to'ernpley hire, and t-hey accordingly did au:. - that the defendant,' among others' having . taker,.ore thewaelves to, dire et a given IndividUral'to incur expenses, roust .be liabl e . It was ,eSidthet there weds fund.provlded for' the p a yment of th e ie eipencen;. if there werti'mearts,,.the Learned Sergeant,Valitended, that it was not for the. plaintiff to resort to, those meat.-,, the per soir4tilie' . 06 hint direktiotie were - hound to see that there '. ere I fundi. The -plantitf never gave- credit to the fond but to his em.: i ploycra; and the Juty friund by their - verdict .that the slefendent, lied Ctstialoyed 'the plaintiff. The 1., earned Sergeant then contended that, the defendants, even though acting at vestrytnen, wee:reliable, and that the vestry ve,ointioti was not :inch al excluded their ter. ponel liability, and fleeted several easel in supper t of his ergnment ; 'aenengothers;:'Eetori such' Bill (5 l;. anti A, 36) ; Brook and punt, .(MSS. lloriley and Bill, I 13.. 20 -c. ne 101, in ILOte, , ; and - after distinguieliine tin 4 ,. present case fmre:thst of Leneh&nter 'end Frewer, (2 - Bine. p3l) relied on by tha 4 ilefen4ente,itibro:te , l that there was no greurel Whatever fur elistuthing the ettetlict e tind 'that the' delentiant.e rule must be Cilecheread , Mr. Sergeant Wiens also contended that the ddendent4 lied rendered. tliernielveo liable; by joining' in the resolutions of the vestry. , ' . .., , _ . . ~ - , t- . Mr. Sergeant TADDY, in .suppgrt of' tie Mlle, argued that there . Witte.no contractou the, part of the defern4ot , ElPre44ed Or, implied, , sod de l , retainer of the plaintiff could j ieei,,,,st citritein t t s impliedl t rc . .e.lerestointion referred to, still the defeCtlanto dividually, ,end :boil in no way renderedtheinielvie personably liable. elite defetolante had ei t erteii On, vestry r;Nsolution; but a 've'atrk.hr e e publie body kriewrt to the pommel' law, and act 01- lectllltlY a* a, public . body. (Vent. 367), and 1.14iJr4 . 1 an ere t e e frent , the .veirtey,.- and.not. from ,the. i udiViti tale poniii,lairn F.t; AA; nritting,efor, , steguntent's valee, that the pleintiff wee einplet;eil in this instance by the reeelationa of the vestry, the cash 6( Len cheiter And Tricker (1 Bing. 201 ) , .stud Ler clseeter 4ntl..frelver (2 Bing. +f361),• decided.:thst' : by acting a•i ve3tryruen, they did pot raider themselves, indie4dually. respomilde. Those caves were not precisely similar to the present one, but this, is "a *eh stronger one thannithere th.o..defenthints in this case had' in nri . rt e , 7 j, ena , r ployed tlie plaintiff. As to the resolutions of the veetry, '„ih s ipidreli such Se' wit!t; tont emplarad by the ticpll4 High:, 'W , 4r, - A#llitt).; - 8.... , lia: -e.-tai..i.) By thaere:pesplo4wie ile tliTtle . iret 7 tuff's:" the ; litehevari is 'directed to Lek*. rho. tte4els,hrYii4a, Pi , ' " 4 / 1 6 itteittitivbst diAet-tia tho.vropte POrii9 l o.9 : -lir*Ol' 4 gr , degn 'thearithdtetnttnflitiEjod it , fienittitlttivi444 .4*.k9;Pri* t tP4 'expences. Th e vestry resolutions mere l y direct the Serve - yen to take the necessary steps. By the Surveyor is the plaintiff em ployed, and the plaintiff treats the Surveyor at his debtor, by de livering to him Lis bill, headed ~ The Surveyors of the Pariah of Speldhurst to NV'. Sprott," and by his letter to thedefendantse ba the 13th Januery, 1825, which was put. in evidence at the trial. The learned Serjeant distinguished the present case from' those which had been quoted by hint learned brothers Bosanquet and Wilde, and he contended that there was no pretence for charging the present defendants; that there was no contract on their part, but if one cella be raised from the resolutions 'of the vestrr and if it were held that they were liable, from haying these resolutions, then no respectable remits would ever . attend vestri.v ; be contended also, that defendants had no means whatever of r e imbursement, and -must sustain the whole burthen of these coata, and, under-stll the circumstances of 'the case, he latinititted that the ruhe must be made absolute. tord Chief Justice Ilearr—l see no occasion to disturb this case by any of the flintier dechtions ; the cases cited by the plain effliave no bearing upon the question. The cases as Commis sionert do not etrect this--Connuissionere stand in a •fer rent situation from, the inbabiutnts of a pariah assembled in vestrv: Commis-aim:tent are individuals who 'put themselves forwertl voluntarily, and have powers to "raise tolls for the purposes of the acts, and I perfectly approve of all the observations of the Judges, ~hilt Commissioners ought not to engage in any . work until they fully ascertain that they have funds out of which to rehnburae themselves.. The only instance in which dine per sona are protected it when ,they are Made a corporate body, but then this protection arises from - the circumstance of their being liable only to their corporate capacity. The cited case of Higgins v. tetiiateoe,' Wait ataainst the trustees under a turnpike act, and thevjuid the power of reimbursing themselves, but these de fendiets have not. So, in Brook e. Guest, the defendant was one of the churchwardens ; he acted, as a churchwarden; he had the means of reimbursement, and should have got a rate made. So, in Lanchester'e case, Lanchester wet sued 'as churchwarden, and the Cotirt there said, " You werethe churchwarden, you had the.power vested in you of raising the money by tontribution, and you ought to have exereittel youe authority; if yell have n Power you must made use of it." The ease of Eaton and Bell • was u case ender an inclosure act, and I approve of what Judge Bayley s'ays iu giving judgment ; I and clearly of that the Commiasioners are personally liable" are hii words. The 'mdefendanta Must Itaie known their meetly, and should luvie taken advantage of them ; shoW tne that these defendants can reimbUrse themselves, and I will admit that that case is precisely in point. Is this the case of a person voluntarily coming forward,? - Here was a meeting-of the Inhabitants in vestry, but do they employ the at torney? I deny that they do any such, thing,' they merely call span the surveyors to act ; by the 66th section of the Highway Act, we fatal " That if the inhabitants of any perish, township, or place, shall agree et a vestry to defend any indictment or pre-. sentment preferred against any such ,parish, township, or place, it shall and may he lawful for'the surveyor of such parish; township, or place;io c'hitigein - his a.cctitiet.the reasonable expeneee incurred in' defending such , respective prosecutions ;" :and -the. expenses are directed to be paid out of the fines, forfeitures, compositions , payments, and assessments, authorized to be collected and . raised by %iris.* of this Act; which materially distinguishes this • case from these quitted. These partici were - uiert:ly the power ivlsitdi aet. the machine .in moticiu. ' The Jury have ected ittiPrOperlv they have finned matter 'OfEhtweitidaint:of fact. ' Is wasnot for them to put any construction uptut the words of the*: resolutions, in my opinion the tinting that Mr. Sprott was employed by theiaresolutious, is not warranted by tl:e evidence. The resolutions uterell , call on the surveyors to do -their duty... It appears to me, that if all that is contended for on the part of the': plaintiff he true,' persons who attend at meetings pfahis pert, will, be placed in a.yery cruel situation, and I aloolit a ;nlieiftei inliebia tants will attend meetings ;it all, if 'they are Yki, rendered per smithy liable for , an' repairs in 'the parish, which may -be - agreed to at such meetirtga., 1 auk to-day en 'inhabitant of a parish, the nee:tsarist Months I nifty , retire . , a ilittartt • part of the' country, and am I to be called en 'to pay an attornies'bill of 2981. for defending an indictment of a parish in which .11454 no further, 'interest or caritreul. I cannot'. see how theta persons are liable who attend the meeting in Vestry, amp; agree to the'reselutien, to defend any more than' the rest of :the parish who are to, ttontribute their respective shires by, Means of the rate which the. SurVeyor is empowered to levy. . 'And tuo:. Cher thing, the office of surveyor is an annual office, at the end of the year his accounts are settled, and a new •Surveyor is aPe. painted, but this Attorney allows the parish to remain in igno-, /ince of 'his bill for three . years ; to he sure the indictment was pending during that time, and he was ultimately successful _fug the pariah. it was his duty to have sent in his bill yeartY;lii order that the Surveyors and the Parish might Lave bad antpPee , tunny of judging from time to time of the prOtwiety•of incurring, thew expenses. If application bad been made to the SuOveyor at„ the - eat of.the year, be would have ..charged . his' expenc.ea in his accounts,' and, those ex petters would here been defrayed by the tines and assessments; &c. ; or it they were not sufficient, the Surveyor would have taken care to•have got it rate Made, In order that the expenceemight be, paid-in a proper proportion by all the inlie bitanta of 'the - parish. 'This Attorney was the Vestry , Clerk, and be ought, 'to have known the law. It would be a very 1 • emeu and a very unjuat . thing to say, that all these persons who were present at the Vestry, -and-agr eed to the Resolutions were (liable. -1 dcanot consider Lanchester' and Prewar a• case precisely similar to this, but. II adhere to my opinion, as there deli . vored, that if.a man goes to a Veetry,he has nitintention of he coining individually resiaousible, for few would attend a Veetry en der such a responsibility,--a respoesthility Which, •if it exulted, would work great injuetiee, as it would • aubjeet a man who had but a year in the Parish,: to the same burthette as a Man who had thousands, - and would confine'to those who . were preeent , at, the'Metting, a bur then ,Wbieb ought to. be • rateably .diatriletted among nil the Parisl4ionerin In this case the. Suiyeyer .sho'ula Lave l►esn called uo, and he would have been 'reitithureed out of 1 the rate. , Mr. Justice Pant —I agree with the Chief :hustles that this is a cute of the greatest impoetence to every inhabitant of u ..pe rish.' If this is to be the law, it will beininossibl e . f ur are:Peri .shioners to attend. a vestry; but the Act of Parliament has decisreg ala s case, and there is no difficulty in it. The Resolutione are preciaely whet the Act of Parliament preViotetlyi)f)itai 'Bill may be fair tar any thing I' knotsO to the, contrary, and no .ground has been suggested.* supposing that it eontaint. any im proper charges. The Act of Perliement decides thin, for the 66th. eectiou gives ittepeeifie remedy. The plsintifT was the vestry clerk, and he ought to have eleliered:'ltia`.bills de anno in atimunt tolaiet surveyor, and the surveyor shoUld have 'gone "tai the veatry, 'area a Magistrate, to get hie bill allowed. ..Theasurveyor could lame included it in' his account. • The shrveyer passes his . account et the end of the year, and in - the schedule to the Highway. Act is the oath avltich he takes ; he swears that " the acconntsnow pro- , is duced and delivered by me, as surveyor orthe highways, for the " last year, are true to the beet of my knowledge." .I ii man would attend vaestry_i?he hi to baperionally In the cases qu'oted are instances of Perions voluntarily accenting an 'office; they there-. Pure must take on theinselees the responsibility, and they have the rneansof teiMhureement, His•Lordehip,aben mentioned the dbl.' tirietions between this case and the Ones cited by'the plaintiff; all ee d ie s aMee k ' ing ailly L , a b n u ci r li s i t s 6 L . tr e d: e 4 l : e xP a it id stesl an .fi t i l s 'ey ttp d ;r:t i l n t t t i l l e i n ci . r of the principles there laid down, that persons bona fide acting ,in vestry 'liana become indivislaally responsible. , Thelether Judges conuirred in the Lime opinion; and the Bill was made elavolutea • VICE-CHANCELLOR'S COURT, MAY 23. oLksurrarox tl. THWAITIN. . . Aft. Rourxt.t. mound the Court for an order calling on the de fendant to put in_ an answer 'within a fortnight to the plaintiff's ainentledhill. After the bill had beep amended, the defendants, instestl of an answer, bad put in n mere disclaimer. . 'To thie, ex captions were taken hy mistake, and it was referred to the Master to lark into the answer. The Master reported, that he could not . look into it, ay rfa anSLVer hid-been put in; but a -nn;re disclaimer. Exceptions were then taken In the iNfeeter's ttpOri, again by mistake, which were struck out of the paper. In point of fact, the partied, not having' answered the artsend , al'bill, might seem in contempt ; ttliiuctre kit thplio a i ir:t a lff nisy , ionsitoetiolof relyx p.phlad recourse to the present motion.ying fiii an attachment . against Mr. Anoo, on the other side, eaid brat rile was a very irre. gular motion, and he hoped the Court would refuge it with cons. • gton i Gn rill() Vic 1....(:. AA scrttott said thafte felt he was bound to do so . te This wart not :the mode' in which tl, plaintiff could obe a ip ja r - y , if he were entitl e d to any. Air. lasti . . . i tlois7chance,llo from, the, sitht.bar, stating tli.it he wee induced on this oceason again to complain to the Court of del a y. the . plaintiff, . Olen penman,' a dd resse d t h e : A;r. Ao.ka objected to Mr. Plainitington being heard, after. the motion was disposed'of; subject of this motion; .'He had -,never attempted to, speck .1a ; public until he hod been compelled to do' so by the knavery of Mr. A; gtt' i s, client. .' ~: ,' .' ~ .. ~, Tht ViOit-tiraNenti.u.n. therero4noeo - genueman that he must not, lir:4 ll .fJtved to nee harsh terms there, . ether wise the Court of Cliancirryw ee hi become - 1 - '''' 4ll44 4 f ' c a luiP l °Y. • .--- - .• ' i',:bl{. 41,9„vaington said lin Itod been rot . sax tars . en d o. ►pil-ii,g ic i''t in,ighaye, 140'eaiiie-birought.to - - a hearing: i_ "flier bill had been n " Filifig 4 - ` r iftitt the ttnitirersla it laid not , ysit been obtained. The Viet -CHANCZIL°II °b S e rV eds that he could not allow him to pureue this course. If he had a complaint to make, he must make it in the regular Way, and gi ve notice to the other patios, who would, otherwise, have no means of defending themselves 1 against *hat would ;be urged against them in their absence. Mr.. Claftsington—l shall narne'no*man but Mr. Agar, , . whciis presept., . (Laughter.) The Vicz-CcfaNC;LLOR,—I chnnot hear you. 'Mr. Glessington—Then 1 - miist-Submit to ruin and beggary. The VicE 7 CHANbEt.LoI—If you have any ground of complaint, there is a very ready way to justice. , • Mr. Glassington—lf the way be a read} one I hiete einploYeil 'men etninent in the profession to find. it, out for me,- but without Success. . • .. _ The Vies-CuexcELLon---Nou are now Only taking a - course that is of no. use to you, and is unjust towards the Absent. - . If you . have a complaint to make, let it he made in the regular way. Mr.-fila. , tsiugton—A man has no liminess bringing a complaint against Solicitors, for they alwsYs'take care to keep - documents in their possession to'protect themselees,.and which cannot bs got at by the party, complaining. The VICE-CuA7,4cr.n. - or.--Well, Sir, .1 cannot reliet'e von. • Mr. Glassington—Ll trust that, after enduring six years' delay, you will nqt censure the if I am irregular. The Vwx-CHANCELLOK—I do not censure you; but I cannot reliAie you. Mr. Glassington then retired; HIGH COURT OF ADMIRALTY. LA LtiTINE ANT, OVUM& Lord growm delivered judgment in this long pending cause, which was instituted to recover the amount of a bond entered into by two persons named Slade and Rowe, for .the good conduct of Mr. J. Teed, Prize Agent at Plymouth. Mr. Teed bad received the proceeds arising from La Lutine, and four other French vessels, captured in 1810; but having engaged in ipeculatiil•ns of various kinds, he became unable to. discharge the prize demands, and proceedings were instituted against him by the Treasurer of the Navy; but he procured a seat in the House of Commons, as Member for - . tirampouud, and availing himself of his privilege, the proceedings were staid until the dissolution of Parliament in 1320, when' they were renewed ; and-in answer to the monition issued against him, he stated-his absolute incapability of meeting the demand, and shortly afterwards died. When . proceedings were instituted in di% Court to recover from the securities the amount of the bond entered into by them for 5,0001., they refused -the payment on the ground that they were not liable to any ' defalcation arising from Mr. .Tweed's speculations, hut only liable- for his good con duct. His Lordehip, however, conceived that they were liable, and decreed that judgment should be given fur 2,6441. 169;8d., the - amo unt of the deficiency, for which sum proof should be znade'on the estate of the securities, who became bankrupts since the institution of the suit. - • BREAgri O AR lAG PROMISE In the Supreme Court at Caleutta,unectien was brought against Luia.JOs. Buratto, by Miss I‘llria Jane Christiana, to recover the • vanes .fin . tt breach of promise of marriage. - • . The estates of the dekindent and' the • 'Plaintiff's father adjoin each other, and the first acquaintance --.of Mr. 13aratto with the family of Mr. Christiana, arose. front his sending chil- Oen fruit. In tehruary . IS2fi, the .defendant met Mr. Chris tiatta,,und ,intinuited his wish to call 0c:11114u ; on tvliich he Was . invited to dinner the' ne:zt day, and he continued - to'visit from that time till Mardi, when 'llia Christiana went to reside with her aunt at . llarraCkpore, and did'not return.. till July. In. that unmilt he. again *visited at :Christiana's, and expressed. to Mr: C his idesire to. marry hiS.daughter, it he could outaitt his -consent. He also sent Mr. C. his buggy horse the following morning to fetch his'claughter,from IlarraekpOre, and said that a good settlement should be made upon her. • The defendant pro posed to settle a lack of rupees upon the - plaintiff: -Instructions were given to draw ' . up the Settlement.' for that, iiinount..burthe defendant afterwards,altered it, by saying lie would settle the in 'tereet of a lack of rupees Amon the,,plaintitf, eta 50,0(lb in the event of her death, revert to Mr, Christiana's estate. , :Not withstanding Mt.'l3.arratto'had , liven insirlittiOnit for preparing this settlement, he began to relax in hie attentions to Miss Chris. thins,. and she thereupon addresud to hint- thcfollowing note if , My DEA ft originates , this coolness? On my pa,rt I am not aware of any thing that can give rise to it. • Your _word and honour is pledgill to me. It cannot be on account of the settlement, for my fittlieritiinte,.throtigh Mr. Brightman, .to you, ag.r.ceirig td the marriage settlement its all its partii.....:-what more; then, •can you wish for? Acl:liavernede many alicrifiees: for you, and consequently.your. .couduct.eaunot be justified;; it.destroys my happiness. Silence on your part is cruel 5 it is a enure* of, great , uneasiness ;-.—hut when vets call to mind all your promises, recollect what must befelt by - (Signed) - MARIA - CHRISTIAN A." • ikze. Barritto's conduct was also dateribed as being most cruel, in'remoi'iny; those servants whotu-hitirad.employed to attend her, and else the carriage which he had directed her "to use. As one of the dinner parties,- . Mrt. • Barrette proposed that her- son and Aliga Christiana should change rings, which in India is csnisidered half p marriage. Mr.. Harratto then gave Miss C. a rinse. ; and lie, to return, a brooch; to.which - lie had taken a fancy. In the course of a days, however, Mrs. Barratto applied: for • this ring to he restored,..allegin,y;,• it was a present front a relation, and threatening legal proeeedingir if it was- astaiiied. • The de fendant te o p ebosobpts:t awita .. the hen pur presents . - bills came hi.they wore eta to MisiC 11601 . ina rot:payment.: Tbe repimteti preirtistW of Mr.' bitratto, and the 'fart . 4:4-plaintiff bay ing iefooed two good offer.; heing provet3, Conntel were beard au belolf of the.defentliint, who tOntendrti, that Mr. liafrltto )•jortiaed in to Marry Miss - Christierta,Ari the - whole .u(tite family's prOeyedings reAolved itself into a mercenary spiris :of gai 1, and a desire to enrich thatuselres by the union. ' .':After a Shirt consultation, the Cm Kr JUSTICt pronounced judipoent--Patnages,..Fiie Thiuisand.itupees. It - is well Inown, that when a. ceraiu learned Lord marriedaMerchioness . (now deceased), he caused her Ladyship's name to be painted on the house door, in conspicuous - characters, over the knocker, and' lirass plate, on which his .own:name.was engraved. Meet mg. Jekyll, who hid warned hilts- against the ,marria g e; he told him that it had actually taken place. • Jekyll dryly answieed,, o:yes, I. have heard it.; and I Ob serve that you already knock under." His. Lordship, piqued at the reply,- went home, and caused the Mar chioness's'name to be taken our, and painted below the knocker: When.he next•met Jekyll he told him that he had made the alteration to . prevent any fortlier. joke •at his es pence. Jekyll. immediately answeved, Thive noticed it; and concluded that you are now knocked • SNUG WINTER' LODGING3.-r—The winter habi tationv of the Esqulrnaux i who visit Churchill, are built of Snow, and. judging from one constructed by Augustus to-day, they are very comfortable dwellings.• Having selected a spot on the river, whore the enow was about two feet:deep, and sufficiently coult;- pact, he commenced by tracing nut a circle tWelve feet in diameter. The' Snow in the interior of the circle was next divided with a.brotiOnife, having a long handle, into slabs three fret long; six inches thick, and two feet deep, being the thickneis of the layer of snow. , Theae slabs were tenacious enough to admit of bring moved about without breaking, or even losing the shariiesS - of .their' zngliv, and they had t slight deg'e of curvature, corresponding with that of the circle front which they wete cut. They were piled upen.each other exactly like courses of hewn atone around the circle which wits traced out; and care was taken to 'arnooth the beds of the different (entrees with the knife, and to cut them so es to give the wall a slight inclination inwertia, by `which contrivance the building acquired the prope.-- tie+ of a dome. The dome was closed somewhat suddenly end flatly by cutting the upper slabs in a wedge-form, instead of the more rectangular shape of those below. The roof wee about eight by a slab was cut " small conical rt e° u n t icai ltil t slabs' greatly pfacfe,aniie:ott:itileiz.iteiatgrt it r).oairraithedtiii,iahtubcoeeeidedl bwitstutia4p 0 3 p e bett r iii t tit o,rfnetrio:ewyn7aiits.irsgohtluhitutni within, tei requiring nou4firieb operation._ When the huilding'was covered in, 3 little ; 3 / 4 )U4i.1 $ 114 2 W thioWn over it, to close up every chink, aid a lvw door wee cot through the walls with the knife. A bcsd -I)ll9Ait. was s gait. ;lamed, ard ueatly . faee4 ;up with skin of anew, o da vial th e ft ei,vered with a thin' layer o f pi ne b rare b eg , to l .„4 veo t them' from fio melting by the heat of t he b o d y . A t eac h end of the 1, k. 1 pillar of maw wita Ere i cted to place a lamp upon, and lastly,, a porch,wai built before the dear; and a piece of clear ice was placed in an aperture c u t in th e w a ll f or a w i n d o w. The purlty'ef ,the material of which the houße 'v.-as framd, 'th e - .gx,eijtd , cplistuctipu, and fne fee trai4lacry df want, which trentitrutteil, a vmillei•iant save it an' appearance far tup,!:. rior to a marble - building, and orittilight atirvey-ii with &Rings somewhat akin to those prodUcell by thecontemplation of cGre cian temple, reared by Phidiaa; both are temples of art, inimi table io their kinde....-FranAlin's Jour:toy to the Polar See. POLICE INTELLIGENCE. GLTILDHALL:— William Thad:horn,' -porter to DUO. .Jones,-of 'Bew4ane, - spirit-dealers, was . charged wittr earr#l , spirits from his employers to Mr. Newman', wine via* street,. Barbican, without a permit,. whereby he .forfeited He was accidentally olgeryed.and shipped. by an Excinetes Mr. .Adolphus attended for the prisoner, and after a long or" mentatiou with - the Solicitor to• the - Excise; established that, cos" trary to the ordinary .rule of Revenue Law s ,which considers set-, Tants and masters acting in . violation . of it,'emenidale alike,'s re; ' sending spirits to Another retaileri s; open.to a penalty; but the servant he employs in conveyi n g it ii not. The prinnnsr " discharged, a permit not being necessary for a gallon only. 4u B 0 W-ST BEET.--joh e .11./ack, a co al-porter, was eh:1400 purloinini a pint of rum, the property Of Mr. Lynch, proprietor lof the Crooked Billet, in Wych-street. Mary Sullivan, senant to Mr. Lynch; stated, bat on Monday night, about half-ptSt eleven o'clock, Mr. Mack, sans ceiemonie pittltis band ever eh bar, and took the bottle , now prodace4from the shelf en whic it was standing, and carried it, as well as a 4 ‘ go of gin," which had ordered, into the tap-room. She called - to her toaster, whori she informed of the sarcumstante, and who forthwith weut.eith her into the tap-room,_ where they detected the fr o " lientlem the act of secreting the &Atte in' a pocket belonging to his fr coat. Mr. Mack said it was a joke ; but b e was conveyed to the watcb-house. Mr. Lynch confirmed his sec-'ant's statement. In defence, Mack denied secreting the bottle, but fulinitted tak i ing it off' the shelf in joke, This defence, however, -was not deca -1 ed satisfactory, and he was fully committed. SUICIDE OF A. CLERGYALAN. Yesterday an inquest was held at the Yorkshire Grey public• house on the.body of the Rey. Francis Lee, a clergyman of the Established Church, who shot himself about twolve o'clock ° Monday. . Mr.. Robert Wake, surgeon, deposed to his being called to the deceased about half-past one, 'Clock on Monday. Ile found hill' lying on the floor of his room quite dead , an d judging hY pearances he though be must have been so forinore than an hour., The deceased had a double-barreled gun in his right hand, ooe thebarrels of which. had been evi d en tl y discharged in . his moo A large portion of the scull was blown off with the shot. L „,,, Ann Jones, servant to the deceased, deposed to tindin7 the vu" , on the floor and to Fending for the surgeon. There were in 4 1 house at the time of the accident it gentleman named clergyman, arid' the sou of the deceased. Neither of these geo o tx"," men.weie examined... The• most singular part of cilia evidence,was.her declaration that nobody in the house heard tlbUle!,°.. port of the gun, nor was it known that any gun had bee! 0 4 f charged until.the body was found. She deposed to a ouor io , minute particulars tending to show that the unfortunate gav e° I, was in a state oftlerangement when the fatal deed was Perl tam y -., Mr. Pritnhard, solicitor of Lincoln's Inn, corroborated tla,e3col. deuce of Jones, with, respect to the st.,te of mind of the a s He htd been much disturbed by some busioess CO'' louse in the Quadrant of Regent-street, and by a partoersh,P s t t, which be had entered. Two other witnesses deposed to the "'• effect. Vertlict--Temporary Derangement. [F cm roso: the _Lon Th il e on T ..h l ;e l us E Pric e l\ l A 1 Curranti(ECr:T gesdaY* . 31' 2 -4• 11 :litnon.:ll;o:wsit,e'o,......sco_tislhti,n_t-i..-n:t...„.i;acedni.Th9cotruol.ouepii d emand fur Cotton this week boa ail s ; rennin'. anticipated supplies. sale amount.nd an advarce of. itl a id per lb lia.s been beta► 709 L .... urat"..d a 54d; 100 - Bengal, qd a sd, in banal:l'Z nn a b d t be l u i a l l: i i : n a ; tessh i l :3 o 4 d :; d id uo h ..rce o Y h u is 7 l ::.: l,d , "' x i a t r: v : T 7 iiz t l : ; h : : :: , ,, i e :: l l i t a :yu i i id tn i: c e rt i e l : e s aft e rzi e n f i li : : i i: : (l : l ,,:iii li j blirce4ll, ptfan, 7d a . 74; • 240 Surati, 4id a .* ; anti 90 is gals. 4*d a sid„ --''. :. . , ., k was Te r i the 7,_.,°2., . tof the easterly winds preventine the ri u _ _ , ... n holders of good parcel*. appeared more A 0 1 7 5U! .. 1 0 the anticipation of higher pries. • • üblicati• wok {Tuesday), erza.---The Coffee Market, atter our ~publicatioo meat Si r i-ioueodaY), :became very, beery ; the very low qualitiea ef Pat; re.—Tber ' pearano min c g e o or so aa ld i in in : o r y ge e. parcels at a il : t 4 h s e s . 6 pr t i l c . e, 3 : I: i n f r t i h ili f a e l . D I: ___,_W iok chiefl y There was no elteratron in the et , very little . better in quality, rallied 40s tid ; g(;od 01 nary. HaYautlati, 4ys, fine ordinary 5311; generally at the clos week the Coffee .311st-ket Immured much ftrmntss, With as 1 1 1 Yxr^ttx.—BY üblic ' F r iday, - 4. - bap good light/ i pubbc isle on a newjers. to the favourable intelligence from. Ilatiburgh s°' a 4id. . • 'O 4 ' Fruit. A,„ , A ' r -rct. of. Vtry ir.ferior Valeutiss was sold last its 1 a very low price. 'a •• Si I.xerr ai.--4,5•14 hags, by public sale, 20s ed boughotfi at MAI, • MCA tib Y. anti HOLLANDs—The .iiiy ro c ilo! extent for the last -week is a contract for about 200 Pur tating•sate.~s ; the accouitta of the vintage e 3 no ve'r, teaterial alter . ation tobe nett Leeward ruin , averaging proof* and rattier over, at Is 9itt r t, `, ) , ,, gallob, free on board. Brandies are effereti•lower without 3'l; are in v°urshlfs ht.t marks of old Brturdv,lresli lauded, ~ ofer n . f 1 : 00 , and new at 32 74 per imperial galion. The purchaser or ‘-.• or small pareAs at former prices• • ! i , i , tlist ° ' TPA--Tea mtuket continues heavy, exceptimgl.l•••-- °- qu a lities o f w hich are, worth 31 profit, from their Karcity• ,_ it thl-s , tic.—Fish Oila "are heavy : ' there is ao alteraticad):A, : currency. Seed Oils are rather higher. Hapeanil sauced good demand,' on account of .tits dry weather. I,oor Ha at?, FLA xi and TA Lt.oxv..---The market has bec°lne OW T4ilitt:wc;__o-,TlAhytrSegissSlidtt:eitHiteelllrapti4oolll: tildenitlat.FrliaOsn:Cljes bilie:in,g4tir:fi; nominal - quotations. . ,n i •ne e ° Carolina 974. : Sr c• s • ' • lid th e° ° l, ' 1 lte.---- pica are held. with gr.:lo2,lmo°, ! I • I rattly ''' an d 'Nativl' inquirtes•suade for Pepper, litter 2t 10d 1.34, inqui r i es•sua d e , particularly MEETINGS OF CREDIToRS. wco C ,.il O nt U gesp tiT s ß ow Y er D by l , Aß l: Y or , i4 F a ß t lP ,th AY e t t . g; Jug lifax, at 10. A MO W. Iforsfirld, Wakefield, York at tlia Straffor- Wakefield, at S. 3. Owen. Salford; Lancaster , at the RoplllotA Jnna J. Russell and Robinson, blanch tr at die S tir chesler, at 1. ee ~I., R axter, Cambridge, at the Eagle Inn, Cambridge, ° l t , t J. Sims, Nottingham, at the lintel, Newarli-P°n-Tre° J. Jones, F. .: il l ;;,3eia es prede:ihy t i e us r a,. , t.gr,B a lli t iormLi t an h id, e nerswg.. T ho al fiareim b ees oi ,ate l tl n rt: n ohs , retk l iitoy :3 op.o r a ri n .. ) : ll.o l it Tv , Cl' at IQ. ' E.teAr:hattons., Ash le i t u o , n, Chester, at the Zion ' l d Svvitn , ; Dag' T. at 12. Newcastl S :u l Po r n 9 fT t' ln jOtte r, u lt. B po tt a nu, Tyne, at 12. yante:heatCieothregeTulnTif), ";evoi. INSOLVENT DEI3TOR • , , • 0 01 ' Petitions to be beard in Portugal-ermti Pt% H. Sewell, Drury-lane, baker. T. 011ive, Great Saffron-hill, general dealer. cow ad W r rt . .verett, ...,ututtion,.-ereseent, Somers-tosve, 0. W. F, CG.llc, Oxforll-street, giddleitex , stay-4;•ctioar' AlprleY, Great AucoatsAfteet, l'ilancluister, e W. Hall, Beehive-house, Barking, Esse*, fatr uer. A. Steward, Norwich, Norfolk, baker. . • bus;or" B. Griffiths, Redcross-square , Cripplegee, ou t o ,t4l H. Tallish, Catile-street, Middlesex, coal-dealer. a carr P. Tudderiliant, Collingwood-terrace, Bethral-gte:er. e- T. Howe Clarene'rerrace, Regeot's Park, carp,l W. De Catty, Norwich, corn-ruerchant. ba k e r . J. Barnet, Chichester-place , Grays inn.reail, D. Flersheitn, Birnainzhatn, Warwick, raqrubant. J. M 4 Aliacr, Lanii)eth, .BIATfi7 . 4 - ' the IV( In Rcmell-plact, on the 21 st init., tile w ` - ' °I ....' ham Klatt:Limn, of a (laughter. _......--"- . _ --------'---- ; 0 ('' IVIARRIED. ... or cr3. ,t ' ;,,i, On the 20th in , :t. , Mr. ifttry Mortimer, of Clin ,..)1 . et D'' to Charlotte, daughter Of JOlnf itaynei. FAq' - ..,.../ nsei-yard,- Port.mouth. ----- .--:' . +. • DIED. e On tri4sty,Ltst, at 13cutogl ig-tlui,-Met, eld afOrest 41 144 „/ Og p.;ght, Hon. Lord iscouot tote At)etgisTivyiy ' ,i! Printed and Publiabed by YOU 112, Strand.